SW1070701_CURRENT PERMIT_20071001

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW l0`�(%7�(
DOC TYPE
CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
DOC DATE
A2)=l
YYYYMMDD

� 1
Y
Mr. Donald J. Harris
Harris Diversified Services, Inc.
3280 Holcomb Bridge Rd, Suite C
Norcross, GA 30092
Dear Mr. Harris:
Michael F. Easley, Governor
•" --- William G.Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources.
I�'ramI� C61een•11: Sullins Director
L I'I)ivi5ion of Water Qualit
September 25, 2007 - (- —=t! y
u OCT
EV1 E ALITY SEC ,ti F
clo^;aL r
t.. I
' r
Subject: Stormwater Permit No: SW1070701 `-
Wendy's & Retail Shops - Cashiers
High Density Commercial Permit
Jackson County
The Stormwater Permitting Unit received a complete Stormwater Management Permit
Application for Wendy's & Retail Shops on September 24, 2007. Staff review of the plans and
specifications has determined.that the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW1070701,
dated September 25, 2007, for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to
the conditions and limitations as specified therein, and does not supercede any other agency
permit that may be required. Please pay special attention to the Operation and Maintenance
requirements in this permit. Failure to establish an adequate system for operation and
maintenance of the stormwater management system will result in future compliance problems.
Please note that due to constraints with this particular site, this permit is approved with the
wetland not having a shallow land area feature due to the use of a retaining wall,in order to
maintain the required vegetated buffer. Therefore, some additional volume above the minimum
is being treated. This 0.074 acre stormwater wetland is being built in place of an existing 0.022
acre natural wetland..,
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within sixty (60) days following
receipt of this permit. This request must be in the form of a written petition, conforming to
Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this
permit shall be final and binding.
If you have any questions concerning this matter, please contact Robert Patterson at (919) 733-
5083 ext. 360; or the Asheville Regional Office at [phone].
Sincere
for Cole H. Sullins
phCarolina
&rnll!1
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: vvvw.newaterouality org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Mr. Donald J. Harris
State Stormwater Permit No.SW1070701
September 25, 2007
cc: Claire Wolfson, PE —Aquaterra Engineering, 240 Heritage Walk, Ste 103,
Woodstock, GA 30188
!Asheville Regional Office;
Central Files
SPU Files
Page 2of2

State Stormwater Management Systems
Permit No. SW1070701
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Donald J. Harris, Harris Diversified Services, Inc.
Wendy's & Retail Shops - Cashiers
Jackson County
FOR THE
construction, operation and maintenance of a stormwater wetland in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwaterrules')
and the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until September 25, 2017, and
shall be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The stormwater
control has been designed to handle the runoff from 54,886 square feet of
impervious area.
3. The tract will be limited to the amount of built -upon area indicated on page 3 of
this permit, and per approved plans. There is no allotment for future built -upon
area at the site.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
Page 1 of 6

r
State Stormwater Management Systems
Permit No. SW1070701
6. The following design criteria have been provided in the stormwater wetland and
must
be maintained at design condition:
a.
Drainage Area, acres:
1.50
Onsite, ft :
65,340
Offsite, ft2:
0
b.
Total Impervious Surfaces, ft2:
54,886
C.
Design Storm, inches:
1.0
d.
Deep Pool Depth, feet:
4.0
e.
TSS removal efficiency:
85%
f.
Permanent Pool Elevation, FMSL:
492.5
g.
Permanent Pool Surface Area, ft2:
3,215
h.
Shallow Water Surface Area, ft2:
2,250
i.
Permitted Storage.Volume, ft3:
11,473
j.
Temporary Storage Elevation, FMSL:
493.5
k.
Shallow Land Surface Area, ft2:
0
I.
Controlling Orifice:
1.0"0 pipe
'"m.
Drawdown Time, hours:
48
n.
Forebay Surface Area, ft2:
480
o.
Receiving Stream/River Basin:
UT of Chattooga R. / Savannah
P.
Stream Index Number:
3
q. Classification of Water Body: "B; Tr, ORW".
II. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately. "
3. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in
its entirety and maintenance must occur at the scheduled intervals including, but
not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
Page 2 of 6

State Stormwater Management Systems
Permit No. SW1070701
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping.
g. Access to the outlet structure must be available at all times.
h. Maintenance and revegetation of wetland plants in accordance with
approved plans and specifications.
4. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the, work and what actions were taken.
5. The facilities shall be constructed as shown on the approved plans. This permit
shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other
supporting data.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
7. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
8. Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
9. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the project
area. The project area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval or a CAMA
Major permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
10. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
11. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
12. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Page 3 of 6

State Stormwater Management Systems
Permit No. SW1070701 ,
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
Ill. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee must
submit a formal permit transfer request to the Division of Water Quality,
accompanied by a completed name/ownership change form, documentation
from the parties involved, and other supporting materials as may be appropriate.
The approval of this request will be considered on its merits and may or may not
be approved. The permittee is responsible for compliance with all permit
conditions until such time as the Division approves the transfer request.
2. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7: Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
8. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division of any name, ownership or mailing
address changes within 30 days.
Permit issued this the 20 day of September, 2007.
NORTH C LIINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 4 of 6

State Stormwater Management Systems
Permit No. SW1070701
Wendy's & Retail Shops - Cashiers
Stormwater Permit No. SW1070701
Jackson County
Designer's Certification
1, , as a duly registered
in the State of North Carolina, having been authorized to observe (periodically/ weekly/
full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:,
SEAL
Signature
Registration Number
Date
Page 5 of 6

State Stormwater Management Systems
Permit No. SW1070701,_ .
Certification Requirements:
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans,
13. All required design depths are provided.
14. All required parts of the system are provided, such as wetland vegetation,
shallow water zone, shallow land zone, deep pools; and a forebay.
15. The required system dimensions are provided per the approved plans.
cc: NCDENR-DWQ Asheville Regional Office
Jackson County Building Inspections
Page 6 of 6

'-1-1
a In c3 i n a e r i n a
Aquaterra Engineering, LLC
240 Heritage Walk
Suite 103
Woodstock, GA 30188
Telephone: [phone]
Facsimile: 770.924.7866
TO: Starr Silvis
NC DENR-DWQ
Asheville Regional Office
2090 US Hwy 70
Swannanoa, NC 28778
828-296-4500
FROM: Claire Wolfson
DATE: 9/24/08
SENT VIA: ❑ U.S. MAIL ❑ OVERNIGHT ❑ HAND DELIVER ®Fedex
ITEMS TRANSMITTED:
DOCUMENT
TYPE
REFERENCE
OUR
PROJECT
NO.
NO
COPIES
DESCRIPTION
Certification
Wendy's & Retail Shops-
Cashiers
110600031
1
THESE ITEMS ARE TRANSMITTED:
❑ FINAL FOR YOUR USE/INFORMATION
❑ PRELIMINARY FOR REVIEW AND COMMENT
REMARKS:
COPIES TO:
BY: Claire Wolfson
Aquaterra Engineering, LLC
il U SEP 2 5 2008
D1
WATER QUALITY SECTION
ASHEVILLE nEP.IONAL OFFIC
V

., 09P25/2007 09:25
9197339612
WET AND SH2O BRANCH
PAGE 08/09
State Stormwater Management Systems
Permit No. SW1070701
Wendy's & Retail Shops - Cashiers
Stormwater Permit No. SW1070701 o(� 110 b a31
Jackson County
Designer's Certification
I, aAiltE woi, SDtf as a duly registered 01AT,EDDL
in the State of North Carolina, having been authorized to observe edo ica weekly/
full time) the construction of the project,
c f K51 of .1
(Project)
s AT CASNi S
I�wi� 1,4 w)
for S G�� CIS �`'�SI F (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:,
— WETL_Arg0 PST .59 �UMvT,rit s �>\1 z,1E wATa2
Signature 0/ 0-06 �QQ. PEGS/o �!y'%
Registration Number D 32�`+1 = .'4 SEAL
— 032547 —
Date ! 'Z�J—ZOO� %cl.FyGINEEQ •Q\.
.q .•F5.
Page 5 of 6

891'25/2007 09:25 9197339612 WET AND SH20 BRANCH PAGE 09/09
State Stormwater Management Systems
Permit No. SWID70701
Certification Requirements:
Y1. The drainage area to the system contains approximately the permitted
acreage.
_�L_2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
_�_5. The outlet/bypass structure elevations are per the approved plan.
_�_6. The outlet structure is located per the approved plans.
7, Trash rack is provided on the outlet/bypass structure. 00 nDV�'A ci,q nctru
-pla-wickwQ5 tGi�ul U Ittc. o
8. All slopes are grassed with permanent vegetation. -Iva k V,&Cy-
9. Vegetated slopes are no steeper than 3:1.
—4-10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.:
11. The permitted amounts of surface area and/or volume have been
provided.
_�_12. Required drawdown devices are correctly sized per the approved plans.
1�13. All required design depths are provided.
i_14. All required parts of the system are provided, such as wetland vegetatio
shallow water zone, shallow land zone, deep pools, an
_'�_15. The required system dimensions are provided per the approved plans.
cc: NCDENR-DWQ Asheville Regional Office
Jackson County Building Inspections
fNofJr�, CA7.0 r3 S
Page 6 of 6

■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■_Print vour name and address on the reverse
I ted N
A.
©� North Carolina Department ofr ame) G. `.. „..
• , Environment and Natural Resources i
�r Division of Water Qualityldifferentfrom item 7? ❑ yea
t� Surface Water Protection Sectionrery address below: ❑ No
NC®ENR
2090 U.S. Highwav 70, Swannanoa, NC 28778
DONALD J. HARRIS
WENDY'S & RETAIL STOPS
3280.HOLCOMB BRIDGE ROADt
I SUIT,k?�c
INORCROSS GA 30092
3. Sqtvice Type
��ifled Mall `� 1�3�P "1 Mall
/ ❑ Registered �etunn Receipt
❑ Insured Mail O.D.
.. 141 Restricted Delivery? (Extra Fee) ❑
L.707491 02 0460 0001 9899 J , /4oy-loo6-PC-oaL�
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540

UNITED
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11111 First -Class Mail
Postage 8 Fees Paid
USPS
Permit No. G-10
name, address, and ZIP+4 in this box
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cc
J-
SILVIS
-0WQ-SRR
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NCDEUENRHWAY7
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2090 HIGHWAY
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Claire Wolfson
From: Starr Silvis [[e-mail]]
Sent: Friday, September 19, 2008 4:12 PM
To: [e-mail]
Subject: Re: Wendys Retention Pond
Attachments: Starr. Silvis. vcf
J
Starr.Silvis.vcf (740
B)
Thanks Sharon,
Are all those plants native or non-invasive? I am an engineer and have limited plant
knowledge.
My understanding for Wendy's is that they have not submitted the engineers certification
form yet. Technically, they cannot occupy the buildings unt.il that form has been
submitted.
Thanks,
Starr
[e-mail] wrote:
> Starr..
>
> The water plants at Wendys consists of; Arrowhead, Arrow Arum, Lizard
> Tail, and Softrush.
> The plant material for United Community Bank call for; Spikerush,
> Foxtail, Blue Flag Iris, Softrush, Dwarf Joe Rye Weed, Spicier Lily and
> Cardinal Flower.
> Let me know the next step for Wendys.
> Thank you.
> Sharon
>
>------------------------ — ----------------------------------------
> -- Looking for simple solutions to your real -life financial
> challenges?
> Check out WalletPop for the latest news and information, tips and
> calculators
> <http://pr.atwola.com/promocl.k/1.00000075xl209382257xl200540686/ao.l?
redir=http://www.walletpop.com/?NCID=em2.ciituswall0000000I>.
Starr Silvis, P.E. - Starr. [e-mail] Environmental Engineer North Carolina Dept.
of. Environment and Natural Resources Ashev.i. l.le Regional Office D.i.vision of Land Resources
- Land Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
"If there is magic on this planet, it is contained in water."
Loren Eiseley

Page I of I
Claire Wolfson
From: [e-mail]
Sent: Monday, September 22, 2008 10:48 AM
To: [e-mail]
Subject: Re: Wendys Retention Pond
Starr,
The water plants at Wendy's are, according to the nursery that I purchased them from, the least invasive of
water plant species. These species names were taken from the storm water BMP manual that you emailed me
several months ago. I will forward your emails to Don and he can proceed on the certification.
Thank you so much for your help. Good luck in your new department! If you are ever in the area I would love
to meet you!
Sharon Holt
Owner -Operator
Green Thumb Maintenance Co.. Inc.
Looking for simple solutions to your real -life financial challenges? Check out WalletPop for the latest news and
information, tips and calculators.
9/23/2008

Permit: SW1070701
SOC:
County: Jackson
Region: Asheville
Compliance Inspection Report
Effective: 09/25/07 Expiration: 09/25/21 Owner: Harris Diversified Services
Effective: Expiration: Facility: Wendy's & Retail Stops
Contact Person: Donald J Harris Title:
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 03/26/2008 Entry Time: 10:OOAM
Primary Inspector: Starr Silvis
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
M Miscellaneous Questions Misc
(See attachment summary)
Certification:
Phone: [phone]
Phone:
Exit Time: 12:54PM
Phone: [phone]
Inspection Type: Compliance Evaluation
Page 1 of 3

Permit: SW1070701 Owner -Facility: Harris Diversified Services
Inspection Date: 03/26/2008 Inspection Type : Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
An on -site inspection was done in response to a request from the project engineer, Ms. Claire Wolfson, with Aquaterra
Engineering. The constructed slormwater wetland is not working as designed. Specifically, the wetland is filling entirely
with groundwater to the level where it overflows the weir. The weir was designed to only overflow in response to a 24-hr 25
year storm. The weir is constantly overflowing at this time, per the construction superintendent, Mark Jarrard. The wetland
had been pumped down prior to the inspection. Pumping was still occuring at the time of the inspection. The water being.
discharged to the receiving water was turbid. Mr. Jarrard was instructed to cease pumping. He and the engineer were
instructed that in the event that they needed to pump out the wetland they were not to increase turbidity in the stream by
more than 10 NTUs. The 30-foot buffer on the site had been cleared. The clearing activity was done by Duke Energy to
install new powerlines.
The inspector is working with Mr. Robert Patterson of the DWQ SWP SWPU and the engineer to determine what needs to
be done so that the wetland 1) functions as designed and permitted, or 2) to redesign and modify the permit so that DWQ
rules are followed.
An NOV is being issued to the facility, but will be generated using the NCGO10000 permit.
Page 2 of 3

Permit: Sw1070701 Owner -Facility: Harris Diversified Services
Inspection Date: 03/26/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Mist
Yes No NA NE
Is the facility compliant? ❑ 0 ❑ ❑
Comment: The stormwater wetland which was permitted does not have anv treatment volume available due
to groundwater filling the entire volume.
Page 3 of 3

.• W ATF Michael F. Easley, Governor
R William G. Ross Jr., Secretary
\�� C✓G N t r na Department of Environment and Natural Resources
rjj B FILE 6 V Coleen H. Sullins, Director
Division of Water Quality
O
- Asheville Regional Office
SURFACE WATER PROTECTION
April 4, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Donald J Harris
Wendy's & Retail Stops
3280 Holcomb Bridge RdStc C
Norcross,GA 30092
7002 0460 0001 9899 7491
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Wendy's & Retail Stops
Project # 20071069
DWQTrackingNumber: NCR000818
NOV-2008-PC-0224
Construction Stormwater Permit—NCGO10000
Jackson County
Dear Mr Harris:
On March 36, 2008, Starr Silvis from the Asheville Regional Office of the Division of Water
Quality (DWQ) conducted a site inspection for Wendy's & Retail Stops along HWY 64 in Jackson
County. Ms. Claire Wolfson, Mr. Mark Jarrard and Mr. Chad Muilenburg were on site during the
inspection.
NCG010000 Permit violations were noted during the inspection. The project is adjacent to the
Chattooga River (B, Tr, ORW). As a result of the site inspection and file review, the following
violations, detailed below, were noted:
Construction Stormwater Permit NCGO10000
a. Rain Gauge (Part L Section B. No. 1)
b. Rain Gauge Data (Part 1. Section B. No. 1)
c. Minimum Monitoring and Record Keeping (Part I. Section B. No. 1))
NnihCarolina
Aatltrnllq
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 877-623-6748
G:\WPDATA\DEMWQ\Jackson\Stormwater Construction NCG01\NOV-2008-PC-0224 Wendys.doc

Mr. Harris
4/04/2008
Page 2 of 3
L Construction Stormwater Permit NCG010000 - A Construction Stormwater General
Permit (NCGO10000) is issued upon the approval of an Erosion and Sedimentation Control
Plan for sites greater than one acre. This permit applies to projects that receive a Division
of Land Resources (DLR) (or local delegated program - Jackson County) for disturbance
of 1 acre or greater. Specifically, the General Permit (NCGO1000) authorizes discharge of
stormwater under the National Pollutant Discharge Elimination System (NPDES) in
accordance with Title.15 A North Carolina Administrative Code 2H.0100.
a. Rain Gauge (Part I. Section B. No. 1.) A rain gauge was not observed on the site
at the time of inspection.
b. Rain Gauge Data (Part I. Section B. No. 1.) Rain gauge data, measured daily, was
not recorded and available for review.
Minimum Monitoring and Record Keeping (Part I. Section B. No. 3)
Inspection records of erosion & sedimentation control measures and stormwater
discharges, collected weekly and after every half -inch or greater rain event, were
not recorded and available for review.
Requested Response
This Office requests that you respond to in writing within 15 days of receipt of this Notice. Your
response should be sent to both the attention of Starr Silvis, Division of Water Quality, 2090 US
HWY 70, Swanannoa, NC 28778 and Mr. John Hennessy at the Wetlands and Stormwater Branch,.
NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-
1617. Your response should address the following items:
NCG010000 Permit Condition Violations
1. Please detail the events that resulted in non-compliance with the above -mentioned NPDES
NCGO10000 permit conditions.
2. Please explain.when you anticipate being in full compliance with the Construction
Stormwater Permit and Erosion and Sediment Control Plan.
3. Finally, you should include in your response an explanation of how you propose to
prevent these problems from reoccurring on this project and on future projects.
4. Minimum Monitoring and Record Keeping —Please refer to the attached Stormwater
Inspection Form for General Permit NCGO10000. This form is to be filled out
every week and after each % inch rain event. The following bulleted list provides
guidance on how to conduct monitoring and record keeping activities in such a way
as to be compliant with NCGO10000.
• Rainfall is to be monitored and recorded daily as noted in the RAINFALL section of
the form. Rainfall data should not be reported based on a weekly accrual read of the date
of the inspection.
• Erosion and Sedimentation Control Facilities are to be inspected every week and after
each %z inch rain event. It is required to.individually list each of the BMPs (e.g. basins, silt
fences, etc.) to be inspected, the date and time inspected, the initials of the inspector,
whether the device is operating properly and any corrective actions taken as noted in the

Mr, Harris
4/04/2008
Page 3 of 3
EROSION AND SEDIMENTATION CONTROL FACILITES INSPECTED section of the
form.
• Stormwater Discharge Outfalls are to be inspected every week and after each % inch
rain event. It is required to individually list each of the outfalls to be inspected, the date
and time inspected, the initials of the inspector, clarity, floating and suspended solids, oil
sheen, other pollution indicators, visible sediment, and any preventative or corrective
actions taken as noted in the OBSERVATIONS OF RUNOFF AT STORM WATER
DISCHARGE OUTFALLS section of the form.
• Finally, the Permittee (Financially Responsible Party as indicated on Erosion and
Sedimentation Control Plan application) is required to sign the inspection form each week,
certifying that the report is accurate and complete. The Permittee may authorize a
representative to sign these documents (please see Part II Section B (10 b) of the
NCGO10000 General Permit for proper procedure).
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above -mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Starr Silvis or myself at (828) 296-
4500.
Sincerely,
Roger C. Edwards
Surface Water Protection Section
Enclosures: Inspection Report, NCG010000 permit, Monitoring Form
cc: John Hennessy — NPS Assistance and Compliance Oversight Unit
ARO File Copy
DWQ Central Files
Division of Land Resources
Ms. Claire Wolfson, Aquaterra Engineering, LLC, 240 Heritage Walk, Suite 103,
Woodstock GA 30188
Mr. Steve Beasley, Jackson County

Compliance Inspection Report
Permit: SW1070701 Effective: 09/25/07 Expiration: 09/25/17 Owner: Harris Diversified Services
SOC: Effective: Expiration: Facility: Wendy's & Retail Stops
County: Jackson
Region: Asheville
Contact Person: Donald J Harris Title:
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits
Inspection Date: 03/26/2008 Entry Time: 10:00 AM
Primaryanspector: Starr Silvis
Secondary'inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: Slate Stormwater
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:.
® Miscellaneous Questions Misc
(See attachment summary)
Certification:
Phone:[phone]
Phone:
Exit Time: 12:54 AM Phone: [phone] :1 <
Inspection Type: Compliance Evaluation -
Page:1

Permit: SW1070701 Owner • Facility: Harris Diversifed Services
Inspection Date: 03/26/2008 Inspection Type: Compliance Evaluation
Inspection Summary:
Reason for Visit: Routine
An on -site inspection was done in response to a request from the project engineer, Ms. Claire Wolfson, with Aquaterra
Engineering. The constructed stormwater wetland is not working as designed. Specifically, the wetland is filling entirely
with groundwater to the level where it overflows the weir. The weir was designed to only overflow in response to a 24-hr
25 year storm. The weir is constantly overflowing at this time, per the construction superintendent, Mark Jarrard. The
wetland had been pumped down prior to the inspection. Pumping was still occuring at the time of the inspection. The
water being discharged to the receiving water was turbid. Mr. Jarrard was instructed to cease pumping. He and the
engineer were instructed that in the event that they needed to pump out the wetland they were not to increase turbidity in
the stream by more than 10 NTUs. The 30-foot buffer on the site had been cleared. The clearing activity was done by
Duke Energy to install new powerlines.
The inspector is working with Mr. Robert Patterson of the DWQ SWP SWPU and the engineer to determine what needs to
be done so that the wetland 1) functions as designed and permitted, or 2) to redesign and modify the permit so that DWQ
rules are followed.
An NOV is being issued to the facility, but will be generated using the NCGO10000 permit.
Misc
Is the facility compliant? -
Comment: The stormwater wetland which was permitted does not have any treatment
volume available due to groundwater filling the entire volume.
w m
a
No
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Yes No NA NE
D■DD
Page:2

Compliance Inspection Report
Permit: NCG010000 Effective: 07/25/07 Expiration: Owner: Harris Diversified Services
SOC: Effective: Expiration: Facility: Wendy's & Retail Stops
County: Jackson
Region: Asheville
Contact Person: Donald J Harris
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date:-0312612008
Primary Inspector: Starr Silvis
Secondary Inspector(s):
DWQ Tracking No: NCR000818
Title:
Entry Time: 10:00 AM
Reason for Inspection: Routine
Permit Inspection Type: Construction Stormwater
Facility Status: Q Compliant ■ Not Compliant
Question Areas:
® Construction
(See attachment summary)
Certification
Exit Time: 12:54 PM
Phone: [phone]
Phone:
Phone:[phone]... .
Inspection Type: Compliance Evaluation
Page:1

Permit: NCR000818 Owner - Facility: Harris Diversified Services
Inspection Date: 03/26/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Ms. Claire Wolfson with Aquaterra Engineering, Mr. Mark Jarrad, project superintendent, Mr. Chad Muilenburg, project
manager, and Mr. Steve Harrism co-owner, were on site during the inspection. They were not aware that the site was
subject to construction stormwater permitting. They were very concerned about their non-compliance and assured the
inspector that they would comply ASAP. A rainguage was purchased and installed that day.
Several issues were noted that were brought to their attention.
1) drop inlets had filter fabric installed to catch large particles. The fabric was loose in the drop inlets that were inspected.
2) Sill fencing was not trenched in
The inspector suggested that they check with Mr. Steve Beasley of Jackson County Erosion and Sediment Control Office
regarding compliance with that permit.
Page:2

0
Permit: NCR000818 Owner - Facility: Harris Diversified Services
Inspection Date: 03/26/2008 Inspection Type: Compliance Evaluation
DLR or Local Program Inspection
# Is this inspection related to a DLR / local program inspection?
Reason for Visit: Routine
Yes No NA NE
n■
# If Yes, what was the DLR / local program inspection date?
E & SC Plan
Yes
No
NA
NE
Is the site following its approved Erosion and Sedimentation Control Plan as indicated on DLR/Local Program
n
n
n
Inspection Report?
Comment:
Erosion Control Measures
Yes
No
NA
NE
Is the site maintaining their erosion control measures as indicated on DLR/Local Program Inspection Report?
n
n
n
■
Comment:
Approved E&SC Plan
Yes
No
NA
NE
Is copy of the approved E&SC plan on site?
n
n
n
■
Comment:
Rain Gauge
Yes.:
No
NA
NE
Is a rain gauge present on the site at the time of inspection?
.'n.
■
-n
❑
Comment: No rain guage on site
Rain Gauge Records
Yes -No
NA
NE
Is rain gauge data measured and recorded?
n.
.n
■
,❑
Comment: No rain guage
Inspection Records
Yes,
No
NA
NE
Are inspection records of erosion & sedimentation control measures and stormwater discharges complete?
❑-
■
n
n
Comment: No inspections are being done
Other NCG010000 Permit Conditions
Yes
No
NA
NE
Is the site compliant with other conditions of the NCGO10000permit? ■ n n n
Comment:
Other Water Quality Issues Yes No NA NE
Is the site free of any other Water Quality issues as noted during the inspection? ❑ ■ n n
Comment: see inspection under state stormwater permit SW1070701
Page: 3

0
0
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STORMWATER INSPECTIONS FOR GENERAL PERMIT NCG010000 - LAND DISTURBING ACTIVITIES
PROJECT: (Almjy5 A- irairin i�t�ci MONITORING FOR THE WEEK BEGINNING:
All erosion and sedimentation control facilities and stormwater discharge outfalls must be inspected at least once (twice, If on 303(d) listed stream for construction
related parameters*) per seven calendar days and within 24 hours of a rainfall of 0.4 Inches per 24 hours. PervidUee must keep a record of Inspections.
RAINFALL: Gauze must be maintained on site
�$ -.Amohac tuhe
(yf' And
By this signature, I certify (In accordance with Part ❑
Section 8,10 of the NCG010000 permit) that this report Is
accurate and complel the beet of my knowledge;
-
(Slgnatu of Permtttee or Designee)
EROSION AND SEDIMENTATION CONTROL FACILITIES INSPECTED: Identification of all facilities may require additional pages.
OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE OUTFALLS: Take Immediate corrective action to control the discharge of sediments outside the
disturbed limits of the site. May require additional pages.
Sldraggpleii,
Uiapliargo.,'
Ibatdgf
Ittlpectlop
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ingpectlon
,Na(n$io¢^a
Ipspettdli
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Identt0call4h
(1 10)
.(q 10)
(1,10)
(YII>)+
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ikeed (e attach
(may needit6 attach addiuonPl
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addfdo" ddforinatlon
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1000
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u ,9
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Clarity; Choose the number which best describes the clarity of the discharge where t Is clear and 10 is very cloudy
Floating Solids: Choose the number which best describes the amount of floating solids in the discharge where I is no solids and 10 the surface is covered in Floating solids
Suspended Solids: Choose the number which best describes the amount of suspended solids in the discharge where 1 is no solids and 10 is extremely muddy ' /
Has all land disturbing construction been completed? Y (YIN) Has the final permanent ground cover been completed & established? "r (YfN)
* 303(d) listed streams for construction related parameters — The latest approved list may be obtained from the Division of Water Quality, or from the following website location:
hf1p:1t1t2 o.enr•. srare.nc. uslsulconsrntction303d
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STORMWATER INSPECTIONS FOR GENERAL PERMIT NCGO10000 — LAND DISTURBING ACTIVITIES
t
PROJECT: Wfn �,rjMONITORING FOR THE WEEK BEGINNING: 3-2 v
All erosion and sedimentation control facilities and stormwater discharge outfalls must be Inspected at least once (twice, If on 303(d) listed stream for construction
related parameters') per seven calendar days and within 24 hours of a rainfall of 0.5 Inches per 24 hours. Permittee must keep a record of Inspections,
RAINFALL: Gauge must be maintained on site
f)t{le Amoltnt - Name
dr (Inches)::::
Rain
O
By this sl®nature, I certify (In accordance with Part [I
Section B,10 of the NCG010000 permit) that this report is
accurate and complete to the best of In owledge:
(Signature of Permittee or Designee)
EROSION AND SEDIMENTATION CONTROL FACILITIES INSPECTED: Identification of all facilities may require additional pages,
OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE OUTFALLS: Take Immediate corrective action to control the discharge of sediments outside the
disturbed limits of the site. May require additional pages.
Stdrrgxpteh
Dlscllarga-,
t?otlAll
Identificationpd0utltin
Datagf;;
Inspecilan
$Imeof•
lrupecllon
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the die?
(Y/IV)
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igkep(orprevodtYulure
"releases
may tined to attach
iiddittonal information ' `
Deacrlbetiieagodes auto
cleaqupsomHttoutsld'euf.
03a disturbed )Imlte
(may need;to adach additional
'information
I
I
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Clarity: Choose the number which best describes the clarity of the discharge where 1 is clear and 10 is very cloudy
Floating Solids; Choose the number which best describes the amount of floating solids in the discharge where I is no solids and 10 the surface is covered in floating solids
Suspended Solids: Choose the number which best describes the amount of suspended solids in the discharge where I is no solids and 10 is extremely muddy
Has all lend disturbing construction been completed? -- (YIN) Has the final permanent ground cover been completed & established? L (Y/N)
" 303(d) listed streams for construction related parameters — The latest approved list may be obtained from the Division of Water Quality, or from the following website location:
h itp:14t2o.etrr.state.nc. us/sukotutractlon303d
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STORMWATER INSPEC/TIONS FOR GENERAL PERMIT NCG010000 — LAND DISTURBING ACTIVITIES 2 /
PROJECT: INwr_,1S k �a/i,��. ( MONITORING FOR THE WEEK BEGINNING:
^/C
All erosion and sedimentation control facilities and stormwater discharge oulfalls must be Inspected at least once (twice, If on 303(d) listed stream for construction
related parameters*) per seven calendar days and within 24 hours of a rainfall of 0.5 Inches per 24 hours. Permittee must keep a record of inspections.
RAINFALL: Gauae must be maintained on site
litep 'Alno�lht '' .N�fae '
By this signature, I certify (in accordance with Pert Ii
Section B,10 of the NCG010000 permit) that this report Is
accurate and complete e best of nay wledge;
(Signaturi of Permlttee or Designee)
EROSION AND SEDIMENTATION CONTROL FACILITIES INSPECTED: Identification of all facilities may require additional pages.
OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE OUTFALLS: Take Immediate corrective action to control the discharge of sediments outside the
disturbed limits of the site. May require additional pages.
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llisaharga '.
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.fdeatt4callon.
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Clarity: Choose the number which best describes the clarity of the discharge where I Is clear and 10 is very cloudy
Floating Solids: Chaos* the number which best describes the amount of floating solids In the discharge where I is no solids and 10 the surface is covered in floating solids
Suspended Solids; Choose the number which best describes the amount of suspended solids in the discharge where I is no solids and 10 is extremely muddy
Elea all land disturbing construction been completed? J__ (Y" Has the final permanent ground cover been completed & established? /f-/ (Z'/N)
" 303(d) listed streams for construction related parameters —The latest approved list may be obtained from the Division of Water Quality, or from the following websile location:
Irnp;/11:2 o.etr.statenc. urlsulconstruction303d
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�ZaLIUMTarra
a n s i near ins
Aquaterra Engineering, LLC
240 Heritage Walk,
Suite 103
Woodstock, GA 30188
Telephone: [phone]
Facsimile: 770.924.7866
Cell: 678.294.0779
TRANSMITTAL
TO: Ms. Starr Silvis
NC DENR — Asheville Regional Office
Division of Water Quality
Surface Water Protection Section
2090 US Highway 70
Swannanoa. NC 28778
Phone: [phone]
FROM: Claire Wolfson, P.E.
DATE: July 5, 2007
SENT VIA: ❑ U.S. MAIL ® OVERNIGHT ❑ HAND DELIVER ❑ FAX
ITEMS TRANSMITTED:
DO
DOCUMENT
OUR
TYPE
REFERENCE
PROJECT
COPIES
DESCRIPTION
NO.
Plans
Cashiers Wendy's &
Shops
1106031
2
Revised construction documents
THESE ITEMS ARE TRANSMITTED:
X FINAL FOR YOUR USE/INFORMATION
❑ PRELIMINARY FOR REVIEW AND COMMENT
❑ Please sign and return one copy for our file
REMARKS: Starr,
Here are the revised construction documents"" Please.call-if you need any additional
information. •
Thank you! , 111
Cc: Jennifer Robertson — Wetland Natural Resources (4)
BY:
Aquaterra Engineering, LLC
J U L - 6 2007 Ji
WA TER QUALITY S@OTiON
'oPEVTI_r 17 G O'Ud 0cr'OF ..
/I

it I:I'
�ZaLlUaTerra
e n r. l n(a a r l n cs
Aquaterra Engineering, LLC
240 Heritage Walk,
Suite 103
Woodstock, GA 30188
Telephone: [phone]
Facsimile: 770.924.7866
Cell: 678.294.0779
TRANSMITTAL
TO: NC DENR —Asheville Regional Office
Division of Water Quality
Stormwater
2090 US Highway 70
Swannanoa, NC 28778
Phone: [phone]
FROM: Claire Wolfson, P.E.
DATE: July 30, 2007
SENT VIA: ❑ U.S. MAIL ® OVERNIGHT ❑ HAND DELIVER ❑ FAX
ITEMS TRANSMITTED:
OUR
DOCUMENT
NO
REFERENCE
PROJECT
DESCRIPTION
COPIES
NO.
Form
Cashiers Wendy's &
1106031
1
Notice of Intent w/ USGS map
Shops
Plans
Cashiers Wendys &
1106031
2
Final Civil Plans
Shops
Check
Cashiers Wendys &
1106031
1'
$420 NPDES fee
Shops
THESE ITEMS ARE TRANSMITTED:
X FINAL FOR YOUR USE/INFORMATION
❑ PRELIMINARY FOR REVIEW AND COMMENT
❑ Please sign and return one copy for our file
REMARKS:
. r• A t 4t,yONT NY'�'aTN
E C
E
VE
D
1
JUL 31
2007
SECTION
WATER QUALITY
.1
Nuv
Aquaterra Engineering, LLC

it .
1fi'
\LaClUaTerra
e n G i n e e r i In cs
Aquaterra Engineering, LLC
240 Heritage Walk,
Suite 103
Woodstock, GA 30188
Telephone: [phone]
Facsimile: 770.924.7866
TRANSMITTAL
TO: Mr. Robert D. Patterson, P.E.
NC Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone] ext. 360
FROM: Claire Wolfson. P.E.
DATE: September 20, 2007
SENT VIA: ❑ U.S. MAIL ® OVERNIGHT ❑ HAND DELIVER ❑ FAX
ITEMS TRANSMITTED:
DOCUMENT
TYPE
REFERENCE
OUR
PROJECT
NO.
NO.
COPIES
DESCRIPTION
Plans
Cashiers Wendys/Shops
1106031
1
Revised Construction Set
THESE ITEMS ARE TRANSMITTED:
X FINAL FOR YOUR USE/INFORMATION
❑ PRELIMINARY FOR REVIEW AND COMMENT
❑ Please sign and return one toll for our file
REMARKS: Robert,
Please review the enclosed plans. If they meet with your approval, I can send you
additional sets for Monday delivery.
Thanks for all your help!
(i(A W-I�
BY:
Aquaterra Engineering, LLC
c'C�1�OdC�
SEP 2 4 2007
ENR - WgTER QUALI
tla, nds $ $(ormwnre.